Sexual Abuse Definitions

DEFINITIONS

"Sex Act" is sexual contact between two or more persons by any of the following:
  • Penetration of the penis into the vagina or anus
  • Contact between mouth and genitalia
  • Contact between genitalia of one person and the genitalia or anus of another
  • Contact between the finger or hand of one person and the genitalia or anus of another
  • Ejaculation onto another person
  • Use of artificial sex organs or substitutes in contact with the genitalia or anus
"Sexual abuse" is any sex act between persons when the act is performed in any of the following circumstances:
  • The act is done by force or against the will of the other
  • If the consent or acquiescence of the other is procured by threats of violence toward any person
  • If the act is done while the other is under the influence of a drug inducing sleep or is otherwise in a state of unconsciousness
  • The other person is suffering from a mental defect or incapacity which precludes the ability to consent, or if the other person lacks the mental capacity to know the right and wrong of conduct in sexual matters
  • The other person is a child (under the age of 16)
"Incapacitated" means a person is disabled or deprived of ability as follows:
  • “Mentally incapacitated” which is defined as a person who is temporarily incapable of apprising or controlling the person’s own conduct due to the influence of a narcotic, anesthetic, or intoxicating substance.
  • “Physically helpless” which is defined as a person who is unable to communicate an unwillingness to act because the person is unconscious, asleep, or is otherwise physically limited.
  • “Physically incapacitated” which is defined as a person who has a bodily impairment or handicap that substantially limits the person’s ability to resist or flee.

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